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settlement_aftermath [2017/01/25 21:40] – created Carlos Pedrazasettlement_aftermath [2018/05/19 09:28] (current) – [Concessions] grammar fix Carlos Pedraza
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 <WRAP> <WRAP>
-{{:burnett-wondercon.jpg?direct|}} \\ +//**__<wrap em>The Axanar Settlement</wrap>__**//
-<wrap lo>**STAYING ON?** The Axanar settlement appears to allow Robert Meyer Burnett to stay on as director but he hasn't decided whether he'll take the reins of what now will be a 30-minute short film.</wrap>+
 </WRAP> </WRAP>
  
 <WRAP> <WRAP>
-//**__<wrap em>The Axanar Settlement</wrap>__**//+{{:burnett-wondercon.jpg?direct|}} \\ 
 +<wrap lo>**STAYING ON?** The Axanar settlement appears to allow Robert Meyer Burnett to stay on as director but he hasn't decided whether he'll take the reins of what now will be a 30-minute short film.</wrap>
 </WRAP> </WRAP>
  
 ====== Where Do We Go From Here? ====== ====== Where Do We Go From Here? ======
  
-//**Picking Up Loose Threads In the Aftermath of the Settlement with CBS-Paramount**//+//**Loose Threads in Settlement's Wake, Including Whether Peters Actually Admitted Copyright Transgression**//
 {{TOC}} {{TOC}}
 <WRAP> <WRAP>
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 ===== Concessions ===== ===== Concessions =====
  
-Like any settlement, both sides give up something in order to end their legal dispute. In Axanar's case, its concessions heavily constrain the production. Meanwhile, plaintiffs [[CBS]] and [[paramount_pictures|Paramount Pictures]] allowed Peters to produce something using cast and crew who would've been unavailable under the [[cbs_guidelines|fan film guidelines]] CBS published in June 2015.+As with any settlement, both sides give up something in order to end their legal dispute. In Axanar's case, its concessions heavily constrain the production. Meanwhile, plaintiffs [[CBS]] and [[paramount_pictures|Paramount Pictures]] allowed Peters to produce something using cast and crew who would've been otherwise unavailable under the [[cbs_guidelines|fan film guidelines]] CBS published in June 2016.
  
 In most respects, however, the short version of //Axanar// will have to follow those guidelines. In the days since the January 20, 2017, settlement details emerged about what Peters will be permitted to do, even as fresh questions were raised. In most respects, however, the short version of //Axanar// will have to follow those guidelines. In the days since the January 20, 2017, settlement details emerged about what Peters will be permitted to do, even as fresh questions were raised.
 +
 +<WRAP>
 +//**__‘Axanar’s separate release didn’t contradict what was labeled as a joint statement; it just omitted Peters' admission he ran afoul of copyright, pointing supporters to the alternative fact Peters admitted nothing.’__**// — //The Upside for Axanar//
 +</WRAP>
 +
 +==== Overstepping Copyright? ====
 +
 +Within days of the settlement Axanar began equivocating about one of the its central terms — Peters' admission he ran afoul of copyright law. That acknowledgement appeared in what was released as a joint statement by both plaintiffs and defendants:
 +
 +> Axanar and Mr. Peters acknowledge that both [Axanar] films were not approved by Paramount or CBS, and that both works crossed boundaries acceptable to CBS and Paramount relating to copyright law.
 +
 +On Facebook, where Axanar supporters worked to characterize the settlement as a qualified victory by a lone brave man facing two giant corporations, one fan raised public doubts about whether Peters in fact acknowledged the copyright transgression, calling it conjecture. When asked to confirm Peters' admission, Axanar's spokesman oddly equivocated.
 +
 +<WRAP>
 +//**__« Hey, any fight you can walk away from. … Okay, Axanar is taking a black eye on length; but the story gets told. »__**// — //Axanar fan Keith Clarke//
 +</WRAP>
 +
 +Axanar supporter Colin Krapp, had posted on Facebook:
 +
 +> We have no idea what was actually said [by Peters] … only what CBS and Paramount said in their release. Anything else is conjecture.(([[face>groups/Trek1701/permalink/10154150853106053/?comment_id=10154151271611053&reply_comment_id=10154160484191053&comment_tracking=%7B%22tn%22%3A%22R%22%7D|Colin Krapp comment, Star Trek Facebook group]], 1/24/17.))
 +
 +[{{ :bawden-peters.jpg?300|Axanar spokesman **Mike Bawden** with producer **Alec Peters**}}]
 +
 +Krapp substantiated his claim citing Axanar spokesman Mike Bawden:
 +
 +> I checked with Mike Bawden. … According to him, the "joint statement" came from CBS and Paramount and was "shared" with Axanar Productions by [studio attorneys] Loeb & Loeb, and it was decided that Axanar Productions would draft their own release (apparently with no objections from L&L). So it wasn't as "joint" as you'd like to think.(([[face>groups/Trek1701/permalink/10154150853106053/?comment_id=10154151271611053&reply_comment_id=10154160662011053&comment_tracking=%7B%22tn%22%3A%22R%22%7D|Colin Krapp comment, Star Trek Facebook group]], 1/24/17.))
 +
 +=== Alternative Facts ===
 +
 +**AxaMonitor** contacted Bawden to confirm Peters' copyright admission, and the conversation went like this:
 +
 +<WRAP box>
 +<wrap lo>**AxaMonitor**: My understanding from you was that the additional statement contained information meant only for donors; it wasn't an alternative statement to that from CBS/P. It's either a joint statement, with all parties agreeing to the wording therein, or it's not. Can you clarify for me, please? \\
 +**Bawden**: I can’t comment on internal details related to the suit or how it was resolved. … I can say there was a statement sent out by PR representatives for the plaintiff and there was a separate statement Axanar Productions released to the press and posted to social media. There was also a more detailed statement provided to backers. That’s really all I have to say on the matter. \\
 +**AxaMonitor**: The statement names all the parties — including Alec and Axanar Productions at the top as the sources. That's either true or it's not. If you don't subscribe to what that statement says then why allow it to go out with the defendants' names on it? If that statement does not accurately reflect what all the parties agreed to publicly disclose then why allow it to mislead the public? I can't imagine why you'd want this to be unclear. \\
 +**Bawden**: I can’t understand why you can’t/won’t/don’t understand my comment on this. You’re almost five days late to the party. The statements went out last Friday. I imagine if either party felt the statements of the other were untrue or inaccurate, they would have said so by now. The statements are what they are. Let it go.</wrap>
 +</WRAP>
 +
 +=== The Upside for Axanar ===
 +
 +Except Axanar's separate release didn't contradict what was labeled as a joint statement from all parties; it just omitted the admission. So while neither statement is inaccurate, Bawden could point supporters to the alternative fact Peters admitted nothing in Axanar's own separate statement.
 +
 +== Out of Money ==
 +
 +Why would he do so? Bawden refused to say more on the topic, leaving only speculation that this was an effort to minimize the damage to Peters' and Axanar's reputations as they need to appeal to supporters once again to raise money for the short film. According to Axanar's own court documents, all $1.4 million raised to make //Axanar// is gone.
 +
 +<WRAP>
 +//**__« You're acceding to everything you were initially against and calling it a "win." It's not a win, you just caved. »__**// — //Axanar fan Leonard Epema//
 +</WRAP>
 +
 +==== No Payments? ====
 +
 +Also left unclear was whether Axanar managed to avoid paying the studios any sort of damages. An Ars Technica article by Megan Geuss, widely shared on social media and quoted by other news sites, stated unequivocally:
 +
 +> A spokesperson from Axanar told Ars Technica in an e-mail “we’re not paying anything,” with respect to the settlement.(([[https://arstechnica.com/tech-policy/2017/01/star-trek-fanfic-creator-to-make-substantial-changes-to-settle-copyright-case/|"Axanar Productions, Paramount, and CBS settle Star Trek copyright lawsuit
 +Axanar says it’s “not paying anything,” will turn its feature into two 15-minute shorts," Ars Technica]], 1/20/17.))
 +
 +Almost immediately, Bawden denied Axanar had claimed it had avoided any payment to the studios.
 +
 +> I have no idea where that statement came from; the official spokespeople for Axanar Productions didn’t provide that information and won’t confirm or deny it now. Sorry. We just can’t talk about it.((Email from Mike Bawden to AxaMonitor editor Carlos Pedraza, 1/20/17.))
 +
 +=== Mistaken ===
 +
 +Axanar's other spokesman, Morey Altman, later told **AxaMonitor** he was Ars Technica's source but that he was mistaken:
 +
 +> I was the one who told [Ars Technica] that Axanar wasn't paying damages. However, my information was incomplete having not been privy to the settlement agreement. … I spoke out of turn. This information is known only to the litigants and their legal representatives.((Email from Morey Altman to AxaMonitor editor Carlos Pedraza, 1/21/17.))
 +
 +<WRAP right round important 50%>
 +<wrap lo><wrap em>UPDATE</wrap>: [[burnett_resigns|Director Burnett Resigns from Axanar]]</wrap>
 +</WRAP>
  
 ==== Director on Board? ==== ==== Director on Board? ====
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 > I've been out of the loop on the actual settlement. … I don't really know. I'm cutting a feature right now, and then I start work on a series plus I have more special feature work coming up.((Facebook private message from Robert Meyer Burnett to AxaMonitor editor Carlos Pedraza, 1/21/17.)) > I've been out of the loop on the actual settlement. … I don't really know. I'm cutting a feature right now, and then I start work on a series plus I have more special feature work coming up.((Facebook private message from Robert Meyer Burnett to AxaMonitor editor Carlos Pedraza, 1/21/17.))
 +
 +[{{ :klingon-tobias-richter-vfx.jpg?300|**COMPLETED EFFECTS** by VFX wizard Tobias Richter may comprise a big portion of the shortened //Axanar//.}}]
  
 === Making an Axanar Short === === Making an Axanar Short ===
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 Fans' reactions varied, with some proclaiming victory at the chance of seeing //Axanar// onscreen in any form, even as a short film: Fans' reactions varied, with some proclaiming victory at the chance of seeing //Axanar// onscreen in any form, even as a short film:
  
-> Hey any fight you can walk away from. … Okay, Axanar is taking a black eye on length; but the story gets told. +> Hey any fight you can walk away from. … Okay, Axanar is taking a black eye on length; but the story gets told. OK OK some folks are complaining about Axanar Productions not delivering … but … ya can’t always get what you want but if ya try sometimes you just might find you get what ya need (Rolling Stones). AXANAR tried, //Prelude// is amazing and is now a standard for independent sci-fi movies.(([[http://fanfilmfactor.com/2017/01/20/breaking-news-axanar-settles-lawsuit/#comment-4798|Keith Clarke comment on post, "Breaking News – Axanar Settles Lawsuit!!!"]], Fan Film Factor blog, 1/20/17.))
-OK OK some folks are complaining about Axanar Productions not delivering … but … ya can’t always get what you want but if ya try sometimes you just might find you get what ya need (Rolling Stones). AXANAR tried, //Prelude// is amazing and is now a standard for independent sci-fi movies.(([[http://fanfilmfactor.com/2017/01/20/breaking-news-axanar-settles-lawsuit/#comment-4798|Keith Clarke comment on post, "Breaking News – Axanar Settles Lawsuit!!!"]], Fan Film Factor blog, 1/20/17.))+
  
 Others, however, bristled at the constraints to which Peters agreed: Others, however, bristled at the constraints to which Peters agreed:
  
 > You're acceding to everything you were initially against and calling it a "win". It's not a win, you just caved, lowered your expectations to levels you wouldn't lower it to at first. At first you were absolutely against guidelines like the two 15-minute parts thing. I was proud to follow you. Now you got fucked and you're asking for more. Not only that, but you sent out the signal that other companies like CBS/P[aramount] can do this too. What a disgrace.(([[face>groups/smallaccess/permalink/423498537990851/?comment_id=423938091280229&comment_tracking=%7B%22tn%22%3A%22R4%22%7D| Leonard Epema comment, Project Small Access Facebook group]], 1/22/17.)) > You're acceding to everything you were initially against and calling it a "win". It's not a win, you just caved, lowered your expectations to levels you wouldn't lower it to at first. At first you were absolutely against guidelines like the two 15-minute parts thing. I was proud to follow you. Now you got fucked and you're asking for more. Not only that, but you sent out the signal that other companies like CBS/P[aramount] can do this too. What a disgrace.(([[face>groups/smallaccess/permalink/423498537990851/?comment_id=423938091280229&comment_tracking=%7B%22tn%22%3A%22R4%22%7D| Leonard Epema comment, Project Small Access Facebook group]], 1/22/17.))
 +
 +[{{ :soval-amended.jpg?300|**DESPITE ACTOR** Gary Graham appearing as Soval in canon Star Trek, the settlement permits Peters to employ him and a few other professionals in the shortened //Axanar//.}}]
  
 ==== Professional Actors ==== ==== Professional Actors ====
  
-The guidelines prohibit the use of, and paying for, professional actors to appear in a fan production. The settlement, however, made specific exemptions in the case of actors Richard Hatch (who was to play the Klingon, Kharn), Kate Vernon (Capt. Sonya Alexander), J.G. Hertzler (Admiral Sam Travis) and Gary Graham (reprising his canon role as Vulcan ambassador Soval).+The guidelines prohibit the use of, and paying for, professional actors to appear in a fan production. The settlement, however, made specific exceptions in the case of actors Richard Hatch (who was to play the Klingon, Kharn), Kate Vernon (Capt. Sonya Alexander), J.G. Hertzler (Admiral Sam Travis) and Gary Graham (reprising his canon role as Vulcan ambassador Soval).
  
 However, none of those actors publicly stated whether they would appear in a much-shorter //Axanar//, and fans weren't sure the constraints would allow for the best use of the talent: However, none of those actors publicly stated whether they would appear in a much-shorter //Axanar//, and fans weren't sure the constraints would allow for the best use of the talent:
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 > While I'm glad they can still use the intended actors, what exactly will they get to act? With the limit on time and the "have to follow the guidelines" BS, there is nothing for anyone to really act at all.(([[face>groups/smallaccess/permalink/422437468096958/?comment_id=422850504722321&comment_tracking=%7B%22tn%22%3A%22R3%22%7D|Katie Harpool comment, Project Small Access Facebook group]], 1/21/17.)) > While I'm glad they can still use the intended actors, what exactly will they get to act? With the limit on time and the "have to follow the guidelines" BS, there is nothing for anyone to really act at all.(([[face>groups/smallaccess/permalink/422437468096958/?comment_id=422850504722321&comment_tracking=%7B%22tn%22%3A%22R3%22%7D|Katie Harpool comment, Project Small Access Facebook group]], 1/21/17.))
  
-==== Overstepping Copyright? ====+ ===== Delivering Perks =====
  
-What appeared to be a straightforward admission by Peters that Axanar ran afoul of copyright law fell into some doubt in the days since the settlement was announced in what was explicitly called a joint statement by the studios and Peters:+While CBS' fan film guidelines explicitly forbid productions from offering physical perks if they want to avoid copyright litigation, Peters reassured donors Axanar would be able to fulfill the rewards to which it committed:
  
-> Axanar and Mr. Peters acknowledge that both films were not approved by Paramount or CBS, and that both works crossed boundaries acceptable to CBS and Paramount relating to copyright law.+> Donors will get the DVD/Blu-rays as promised!  All perks are allowed to be delivered after we complete making //Axanar// in the revised format.(([[http://www.axanarproductions.com/captains-log-jan-22nd-2017-a-couple-questions-answered/|"Captain’s Log – Jan. 22nd, 2017 – A Couple Questions Answered"]], Axanar Captain's Log, 1/24/17.))
  
-On Facebook, Axanar supporter Colin Krapp raised doubt about whether Peters in fact acknowledged the copyright transgression:+[{{ :60dollardonation.jpg?300|**A BLU-RAY** disc originally offered as a reward for the 2014 Prelude to Axanar Kickstarter campaign was later offered as merchandise for a $60 “retroactive donation” in the Axanar Donor Store.}}]
  
-> We have no idea what was actually said … only what CBS and Paramount said in their release. Anything else is conjecture.(([[face>groups/Trek1701/permalink/10154150853106053/?comment_id=10154151271611053&reply_comment_id=10154160484191053&comment_tracking=%7B%22tn%22%3A%22R%22%7D|Colin Krapp comment, Star Trek Facebook group]], 1/24/17.))+===== Looking for a Loophole? =====
  
-Krapp substantiated his claim citing what he was told by Axanar spokesman Mike Bawden:+Peters also moved to assuage fans' disappointment and anger over the limitation of //Axanar//'s story to 30 minutes, hinting at a loophole enabling him to deliver more than that. Peters responded to one Indiegogo contributor who demanded a refund because of his inability to deliver the promised feature film:
  
-> I checked with Mike Bawden. … According to him, the "joint statement" came from CBS and Paramount and was "shared" with Axanar Productions by [studio's attorneys] Loeb & Loeb, and it was decided that Axanar Productions would draft their own release (apparently with no objections from L&L). So it wasn't as "joint" as you'd like to think.(([[face>groups/Trek1701/permalink/10154150853106053/?comment_id=10154151271611053&reply_comment_id=10154160662011053&comment_tracking=%7B%22tn%22%3A%22R%22%7D|Colin Krapp comment, Star Trek Facebook group]], 1/24/17.))+> Axanar will be providing 90 minutes of content as we said we would. Because we can only produce 30 minutes of new Star Trek Fan Film content under the legal settlement, we will be providing other Axanar content as well. The details of which will follow.(([[https://www.indiegogo.com/projects/axanar#/comments|Alec Peters comment, Axanar Indiegogo campaign]], 1/23/17.))
  
-Asked whether +He elaborated on his own blog:
  
- perks+> While we’ll comply with the requirements of limiting our fan film to two 15-minute segments, there will be more content that we know our fans will love on the DVDs/Blu-rays. While adhering to the settlement agreement — we will only post the two segments to YouTube — we want to do what we can to make Axanar fans happy and be as close as possible to what we said we would deliver.(([[http://www.axanarproductions.com/captains-log-jan-22nd-2017-a-couple-questions-answered/|"Captain’s Log – Jan. 22nd, 2017 – A Couple Questions Answered"]], Axanar Captain's Log, 1/24/17.))
  
-Funding+==== Devious ====
  
 +On the Axanar blog, another fan asked Peters if had plans to get around the settlement's strictures over content length:
  
 +> The Axanar Team has something in their sleeves, right? There could be something like another 2×15 minutes fan project with just rendered space battles between the Federation and the Klingon Empire in the Axanar timeline. Nothing wrong with that, right? And if some anonymous fan would edit these two together in a way that they were fitting… hmm…(([[http://www.axanarproductions.com/9707-2/#comment-16712|Cavaron comment, Axanar blog]], 1/21/17.))
  
-==== No Payments? ====+Peters' winking reply:
  
 +> I can neither confirm nor deny that we think as deviously as you. 🙂(([[http://www.axanarproductions.com/9707-2/#comment-16720| Alec Peters comment, Axanar blog]], 1/21/17.))
  
-===== Looking for a Loophole? ===== +===== Financial Review =====
- +
-"90 mins of content" on Indiegogo, "devious" on Axanar website+
  
 +Meanwhile, the promised report from what Peters called an "independent financial review committee" remained pending. While he has not seen a draft yet, Peters nonetheless [[http://fanfilmfactor.com/2017/01/13/alec-peters-discusses-axanars-financials-and-his-review-committee-interview/|confidently stated]] it would exonerate him from [[summary_fact_check|allegations]] he used donor funds to pay for lavish personal spending, including cellphone bills, restaurants, new tires and car maintenance, health insurance and gasoline for his then-girlfriend’s car.
  
 +**AxaMonitor** reported that committee members admitted their review only examined the financial records Peters gave them, which he described as only a "subset" of [[Axanar Productions]]' total finances.(([[http://fanfilmfactor.com/2017/01/13/alec-peters-discusses-axanars-financials-and-his-review-committee-interview/|"Alec Peters discusses Axanar's Financials and his Review Committee! (Interview)"]], Fan Film Factor blog, 1/13/17.))
  
-===== Out of Money =====+==== Expected Scrutiny ====
  
-==== Financial Review ====+Given the limited scope of the committee's review, its report was sure to face heavy public scrutiny amid Peters' efforts to raise the required private funds to make the shortened //Axanar// since the $1.4 million he had previously raised was all spent with only two minutes of footage released. {{:axamonitor-ico.gif?nolink|}}
  
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 **Keywords** {{tag>settlement film financial}} **Keywords** {{tag>settlement film financial}}